rate indicated in the table, the economic factor for such company shall be determined by interpolation to the nearest tenth of one percent. § 3. Section 11 of chapter 199 of the laws of 1987, amending chapter 57 of the laws of 1986 and other laws relating to railroad assessments is amended to read as follows: § 11. This act shall take effect immediately and shall apply to all railroad ceilings finally determined by the state board of equalization and assessment on or after June [first, nineteen hundred eighty-seven; ] 1, 1987 provided, however, that the provisions of subdivisions (b), (c) and (d) of section [four hundred eighty-nine-j] 489-j and subdivisions (b), (c) and (d) of section [four hundred eighty-nine-hh] 489-hh of the real property tax law, as added by sections five and eight of this act respectively, shall expire on [December thirty-first, nineteen hundred ninety-one] July 2, 1992 and at such time shall be deemed repealed and provided further that the provisions of subdivision [four] 4 of section four hundred eighty-nine-k] 489-k and subdivision [four] 4 of section four hundred eighty-nine-ii] 489-ii of the real property tax law as amended by sections six and nine of this act respectively, shall expire on [December thirty-first, nineteen hundred ninety-one] July 2, 1992 and at such time shall be deemed repealed and the provisions of such subdivisions shall be read as they existed immediately preceding the effective date of this act. § 4. This act shall take effect immediately provided, however, any such railroad ceiling finalized by the state board of equalization and assessment prior to such effective date shall continue to be valid for all purposes. CHAPTER 13 AN ACT to amend the executive law, in relation to notary public commission applications and to repeal certain provisions of such law ing thereto relat Became a law March 13, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The opening paragraph of section 130 of the executive law, as amended by chapter 497 of the laws of 1985, is amended to read follows: as The secretary of state may appoint and commission as many notaries public for the state of New York as in his judgment may be deemed best, whose jurisdiction shall be co-extensive with the boundaries of the state. The appointment of a notary public shall be for a term of two years. An application for an appointment as notary public shall be in form and set forth such matters as the secretary of state shall prescribe. Every person appointed as notary public must, at the time of his appointment, be a citizen of the United States and either a resident of the state of New York or have an office or place of business in New York state. A notary public who is a resident of the state and who moves out of the state but still maintains a place of business or an office in New York state does not vacate his office as a notary public. A notary public who is a nonresident and who ceases to have an office or place of business in this state, vacates his office as a notary public. A notary public who is a resident of New York state and moves out of the state and who does not retain an office or place of business in this state shall vacate his office as a notary public. A non-resident who accepts the office of notary public in this state thereby appoints the secretary of state as the person upon whom process can be served on his behalf. Before issuing to any applicant a commission as notary public, unless he be an attorney and counsellor at law duly admitted to practice in this state, the secretary of state shall satisfy himself that the applicant is of good moral character, has the equivalent of a common school education and is familiar with the duties and responsibilities of a notary public; provided, however, that where a notary public applies, before the expiration of his term, for [a] reappointment with the county clerk or where a person whose term as notary public_shall have expired applies within six months thereafter for [appointment] reappointment as a notary public with the county clerk, such qualifying requirements may be waived by the secretary of state, and further, where an application for reappointment is filed with the county clerk after the expiration of the aforementioned renewal period by a person who failed or was unable to re-apply by reason of his induction or enlistment in the armed forces of the United States, such qualifying requirements may also be waived by the secretary of state, provided such application for reappointment is made within a period of one year after the military discharge of the applicant under conditions other than dishonorable. In any case, the appointment or reappointment of any applicant is in the discretion of the secretary of state. The secretary of state may suspend or remove from office, for misconduct, any notary public appointed by him but no such removal shall be made unless the person who is sought to be removed shall have been served with a copy of the charges against him and have an opportunity of being heard. No person shall be appointed as a notary public under this article who has been convicted, in this state or any other state or territory, of a felony or any of the following offenses, to wit: § 2. Section 131 of the executive law is repealed and a new section 131 is added to read as follows: § 131. Procedure of appointment; fees and commissions. 1. Applicants for a notary public commission shall submit to the secretary of state with their application the oath of office, duly executed before any person authorized to administer an oath, together with their signature. 2. Upon being satisfied of the competency and good character of applicants for appointment as notaries public, the secretary of state shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect. 3. The secretary of state shall receive a non-refundable application fee of thirty dollars from applicants for appointment, which fee shall be submitted together with the application. No further fee shall be paid for the issuance of the commission. 4. A notary public identification card indicating the appointee's name, address, county and commission term shall be transmitted to the appointee. 5. The commission, duly dated, and a certified copy or the original of the oath of office and the official signature, and ten dollars apportioned from the application fee shall be transmitted by the secretary of state to the county clerk in which the appointee resides by the tenth day of the following month. 6. The county clerk shall make a proper index of commissions and official signatures transmitted to that office by the secretary of state pursuant to the provisions of this section. 7. Applicants for reappointment of a notary public commission shall submit to the county clerk with their application the oath of office, duly executed before any person authorized to administer an oath, together with their signature. satisfied of the completeness of the application for reappointment, the county clerk shall issue a commission to such persons; and the official signature of the applicants and the oath of office filed with such applications shall take effect. 9. The county clerk shall receive a non-refundable application fee of thirty dollars from each applicant for reappointment, which fee shall be EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted. submitted together with the application. for the issuance of the commission. No further fee shall be paid 10. The commission, duly dated, and a certified or original copy of the application, and twenty dollars apportioned from the application fee plus interest as may be required by statute shall be transmitted by the county clerk to the secretary of state by the tenth day of the following month. 11. The secretary of state shall make a proper record of commissions transmitted to that office by the county clerk pursuant to the provisions of this section. 12. Except for changes made in an application for reappointment, the secretary of state shall receive a non-refundable fee of ten dollars for changing the name or address of a notary public. 13. The secretary of state may issue a duplicate identification card to a notary public for one lost, destroyed or damaged upon application therefor on a form prescribed by the secretary of state and upon payment of a non-refundable fee of ten dollars. Each such duplicate identification card shall have the word "duplicate" stamped across the face thereof, and shall bear the same number as the one it replaces. § 3. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law. CHAPTER 14 AN ACT to amend the public authorities law, in relation to the training in fire prevention and control required of bridge and tunnel officers and maintenance division employees of the Triborough bridge and tunnel authority Became a law March 13, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 553-g of the public authorities law, as added by chapter 899 of the laws of 1990, is amended to read as follows: § 553-8. Fire training. All persons appointed to the position of bridge and tunnel officer and maintenance division employees of the Triborough bridge and tunnel authority on or after the effective date of this section shall participate in a training course of at least [thirty] twenty-eight hours on the subject of fire prevention and control. The training courses shall be conducted by the Fire Academy of the New York city fire department. Such academy shall also administer any retraining or refresher courses attended by personnel of the authority. Any costs incurred by the city of New York for the aforementioned training shall be reimbursed by the authority. § 2. This act shall take effect immediately. CHAPTER 15 AN ACT to amend the mental hygiene law, in relation to the determination of the rent for a facility under receivership Became a law March 13, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph 4 of subdivision (b) of section 31. 28 of the mental hygiene law, as added by chapter 863 of the laws of 1984, is amended to read as follows: (4) On the return of said order to show cause, determination shall have precedence over every other business of the court unless the court shall find that some other pending proceeding, having similar statutory precedence, shall have priority. The court may conduct a hearing at which all interested parties shall have the opportunity to present evi dence pertaining to the application. If the court shall find that the facts warrant the granting thereof, the court shall determine a fair monthly rental for the facility consistent with its usage as such facility, taking into account all relevant factors, including the condition of such facility, which amount shall, except in the case where the receiver is assuming an existing bona fide arm's length lease, not exceed, where applicable,] the amount which would be reimbursable to the facility under the medical assistance program for real property costs if each patient in the facility were a recipient of medical assistance. Such rental shall be paid by the receiver to the owner or owners of the facility for each month that the receivership remains in effect, provided, however, that nothing contained herein shall be construed to alter and diminish any rental obligation the operator may have under any currently valid lease. § 2. This act shall take effect immediately. CHAPTER 16 AN ACT to amend the not-for-profit corporation law, in relation to cemetery corporation charges Became a law March 13, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Clause B of subparagraph 3 of paragraph (e) of section 1509 of the not-for-profit corporation law, as added by chapter 426 of the laws of 1991, is amended to read as follows: B. An application setting forth the proposed amendment of, or addition to, the charges of a cemetery corporation shall be deemed to be approved for any cemetery corporation holding, including unrestricted funds, cash and investments totalling less than four hundred thousand dollars, if the board does not object to the proposed charges within sixty days following: (i) the date on which the application shall have been deemed to be complete or (ii) the date on which the requested information necessary to complete the application shall have been received, whichever is later. If the board objects to the proposed charges, it shall notify the directors in writing with the reasons therefor, such notice to be mailed by registered or certified mail to the corporation at its principal office, not less than three business days before the end of such sixty day period. [The board may amend and approve the charge] If the board approves such amendment of or addition to the charges, it shall do so by order. § 2. This act shall take effect immediately. CHAPTER 17 AN ACT to amend the not-for-profit corporation law, in relation to judicial approval of certificates of incorporation for certain corporations Became a law March 20, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph (a) of section 404 of the not-for-profit corporation law, as amended by chapter 847 of the laws of 1970, is amended to read as follows: (a) Every certificate of incorporation of a corporation classified as type B or type C under section 201 (Purposes) and every certificate of incorporation which includes among its purposes the formation of a trade EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law to be omitted. rate indicated in the table, the economic factor for such company shall be determined by interpolation to the nearest tenth of one percent. § 3. Section 11 of chapter 199 of the laws of 1987, amending chapter 57 of the laws of 1986 and other laws relating to railroad assessments is amended to read as follows: 8 § 11. This act shall take effect immediately and shall apply to all railroad ceilings finally determined by the state board of equalization and assessment on or after June [first, nineteen hundred eighty-seven; ] 1, 1987 provided, however, that the provisions of subdivisions (b), (c) and of section [four hundred eighty-nine-j] 489-j and subdivisions (b), and (d) of section [four hundred eighty-nine-hh] 489-hh of the real property tax law, as added by sections five and eight of this act respectively, shall expire on [December thirty-first, nineteen hundred ninety-one] July 2, 1992 and at such time shall be deemed repealed and provided further that the provisions of subdivision [four] 4 of section four hundred eighty-nine-k] 489-k and subdivision [four] 4 of section four hundred eighty-nine-ii] 489-ii of the real property tax law as amended by sections six and nine of this act respectively, shall expire on [December thirty-first, nineteen hundred ninety-one] July 2, 1992 and at such time shall be deemed repealed and the provisions of such subdivisions shall be read as they existed immediately preceding the effective date of this act. § 4. This act shall take effect immediately provided, however, any such railroad ceiling finalized by the state board of equalization and assessment prior to such effective date shall continue to be valid for all purposes. CHAPTER 13 AN ACT to amend the executive law, in relation to notary public commission applications and to repeal certain provisions of such law ing thereto relat Became a law March 13, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The opening paragraph of section 130 of the executive law, as amended by chapter 497 of the laws of 1985, is amended to read as follows: state. The secretary of state may appoint and commission as many notaries public for the state of New York as in his judgment may be deemed best, whose jurisdiction shall be co-extensive with the boundaries of the The appointment of a notary public shall be for a term of two years. An application for an appointment as notary public shall be in form and set forth such matters as the secretary of state shall prescribe. Every person appointed as notary public must, at the time of his appointment, be a citizen of the United States and either a resident of the state of New York or have an office or place of business in New York state. A notary public who is a resident of the state and who moves out of the state but still maintains a place of business or an office in New York state does not vacate his office as a notary public. A notary public who is a nonresident and who ceases to have an office or place of |